Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-11-26

cislons beCa ne, therefore, a matter Of mo.
mentous concern. If they c,rroc,ly declared
the law, these lands b,lorg to the railroad
companies. If they Gid not correctly declare
the law, the lands b long,d to the PEG lie.
The OMAHA decisions pu-port 10 be founded
upon a decision OF the supreme court IL the
case OF the Winona and st. Peter Railroad
company VS.. Barney, the ass 2rtion being made
that the plain language Of the court in that
case seems to be exclusive Of the questions
presented" and also upon q certain rule of
statutory Interpretation, relied upon as being
an AXIOM of construction.
Said decisions were further enforced by
reference TO an unreported decision OF the
United States circuit court for Wisconsin,
which was said, In the Omaha cases, to be a
judicial construction which seems TO leave
''no further room for dis ,ussion.''
1t appeared TO me that the decision Of the
supreme court In the Barney cases was abso.
lute'y silent upon the question decided In the
Omaha cases, and that not even the obites of
the court sustained those decisions. 1t also
appeared TO me that the question at issue was
not In cases decided by the circuit court for
Wiscor sin, and il seemed that the rule OF
statutory Interpretation adopted in the
Omaha cases was the opposite OF the rule Of
construction adopted by the courts and laid
down by the Law writer's. ! was, therefore,
profoundly convinced that the secretary had
been committed 10 errors of law, which, If
brought fully TO his personal after ton, III ght
be corrected.
1t Is the practice OF the department to per-
NIT representatives of the railroad &C mpanies
and o her private interests to apply for review
and consideration Of decisions when ques.
tons are decided against such interests. ! be-
lieve that, as an officer Of the government,
having immediate guardianship Of the public
lands, and immediate charge of the issuance
Of patents under all grants of land by con-
gress, | had at least an equal rIgut with the
representatives of private interests to ask the
secretary Of the interior TO re.eXamined de.
p~artmental decisions, and / believe 1t cgpec-
ially proper to express my views to the secre-
tary, because / had not, but would have done
go In the origin al instance, II | had antici-
patel achange OF the ruling and decision.
Accordingly, waited upon the secretary and
personally expressed to him my desire TO have
a review Of the decision in these cases. lie
suggested to me TO let the matter rest for the
present, in which suggestion /, 0. course,
checrfully acquiCsced.
Formal application fer review, cOuched in
most respectful terms, was completed about
October PC, but was not put upon the official
records and WAS not made public, GA NOVCm-
Der 10 | received a note from the secretary,
desiring NE 10 present to him what ! had TO
say on this subject. My letter WAS accord
iDgly signed and delivered TO him on the 11th,
with the necessary change Of date, etc. "A
copy of this letter is herewith Enclosed for
your inspection, Several important questions
were decided in the Omaha cases, other than
the one referred TO herein, but ! confined M
application for review to the question OF 'in-
demnity for lands excluded from the oper-
alton ( the granting acts" that being or
ovCrshadowing importance.
In presenting this application | informed
the secretary that 1t would not be made pub.
C unless Dy himself. Public attention hav-
ing now been called to the matter, [ ohSll feel
at liberty to furnish the press With a copy OF
this letter after IL has been communicated 10
you and a copy transmitted 10 him.
The issue raised by me was strictly one OF
law. The presentation Of the issue was
strictly ia the line OF legal argument. In The
letter addressed to me the issue is not met
and he effect has been TO create an errone-
Gus impression that the issue was one of au.
thority alone, and that | had refused to ex-
ecute the secretarY's official orders.
This diversion OF issue from one Of lega-
construction TO one OF authority and IN
subordina;ion, Is substitution OF force for ar
gument; diversion Of the public mind from
the merits Of the case and, Il not registered
by rae in this presentation TO you, would be
The suppression 10y that power of proper and
considerate effort on my part, as c0mmls-
siorer Of the general land Office, to secure, In
the public interest, an impartial hesring be-
fore the secretary OF the inter or on a purely
legal question affecting the administration OF
the office with which ! am charged. The
eff &c OF commissioner Of the general land
office has been one OF intense labor. | have
endeavored to discharge my full duty IN 1t, in
the face Of many discouragements and much
calumny and abuse from those whose inter.
ests were 10 defeat the policies pursued.
If these decisions foreshadow a change In
the official policy OF this subject, knowing
well what this will mean In practical appIica-
ton, | could not, OF course, with my sense Of
duty, be an instrument 70 effect the change.
Having ever, as now, regarded the commits
sion / hold from you as subject TO your re-
call, and desir no TO relieve YOU from any pos
sible embarrassment, / herewith tender you
my resignation of the Office OF COMMISSIONS
Of the general land Office, and ask It's early
acceptance. And, In thus severing my con-
bCction with your administration | beg to
assure you Of my earnest wish that the same
wisdom, ilmness and integrity which have
thus far so eminently marked your admins
tration may continue to enhance you IN the
estimation Of your countrymen.
Very respectfully,
VIM. A.. J SPARKS.